Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellants are directed to be released on bail.
Summary
Anita Devi and Gorelal Singh, parents of alleged offender Niraj Kumar, were arrested in connection with a case involving alleged caste‑based abuse, assault, and a false promise of marriage leading to a pregnancy and medical termination. The FIR primarily named Niraj, but the parents were impleaded as accused under several sections of the Bihar N.S. and the SC/ST (Prevention of Atrocities) Act. They contended that they were falsely implicated, had no prior criminal record, and had been in judicial custody since 1 November 2025. Their bail application was rejected by the Exclusive Special Judge on 7 November 2025. On appeal, the Patna High Court, after hearing counsel for the appellants, the State and the respondent, held that the circumstances warranted bail and set aside the lower court’s order, directing that the appellants be released on a bail bond of Rs.10,000 each with two sureties.
Issues considered
- Whether the appellants, who are parents of the principal accused, are entitled to bail despite the serious charges under the Bihar N.S. and SC/ST (POA) Act.
- Whether the allegations of caste‑based abuse and assault against the appellants constitute a cognizable offence justifying denial of bail.
Legislation cited
- B.N.S. — s. 115(2), 304(2), 3(5), 352, 69
Subjects
- bail
- SC/ST Act
- caste harassment
- false promise of marriage
- criminal procedure
- parental liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4883 of 2025
Arising Out of PS. Case No.-37 Year-2025 Thana- MAHILA THANA District- Begusarai
======================================================
1. Anita Devi W/O Gorelal Singh R/O Vill.- Telaunch, P.S.- Chauthan, Dist.-
Khagaria.
2. Gorelal Singh S/O late Jagdish Singh R/O Vill.- Telaunch, P.S.- Chauthan,
Dist.- Khagaria.
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Rinku Kumari C/O Late Bhuwaneshwar Ram R/O Vill.- Karor, P.S.-
Cheriyabariyarpur, Dist.- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shubhesh Pandey, Advocate
For the State : Mrs. Usha Kumari 1, Spl.P.P.
For the Respondent : Mr. Saroj Kr. Sharma, Advocate
Md. Mobashir Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State and learned counsel for
the respondent.
2. The instant appeal has been filed by the appellants
against the order dated 07.11.2025 passed by learned Exclusive
Special Judge SC/ST (POA) Act, Begusarai whereby the prayer
for bail of the appellant in connection with Mahila P.S. Case no.
37 of 2025 under Sections 69, 115(2), 352, 3(5), 304(2) of
B.N.S. and Sections 3(1) (r)(s)(w), 3(2)(va) 3(2) (va) of SC/ST
Act was rejected.
Patna High Court CR. APP (SJ) No.4883 of 2025(2) dt.12-02-2026
2/3
3. The case of the respondent is that respondent was
having relationship with one Niraj Kumar. It is further alleged
that he has established physical relationship with her on the
false promise of marriage. She is pregnant. It is further alleged
that she was brought to Khagaria Bazar for MTP. The
allegations against the appellants who are father and mother of
the Niraj that they were also not ready for the marriage and they
have abused her with caste name and assaulted her.
4. It is submitted by learned counsel for the appellants
that appellants have been falsely implicated in this case.
Learned counsel for the appellants have submitted that from
perusal of the FIR, it is clear that the main thrust of allegation is
against one Niraj. The appellants have been impleaded in this
case as they are the parents of the main accused Niraj Kumar.
As far as the allegations against abusing the respondent with
caste name is concerned, the same is general and omnibus in
nature. A statement has been made in para-3 of this petition that
the appellants have got no criminal antecedent. Moreover, they
are languishing in judicial custody since 01.11.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State and learned counsel for the respondent.
6. Having heard learned counsel for the parties and
Patna High Court CR. APP (SJ) No.4883 of 2025(2) dt.12-02-2026
3/3
taking into consideration the facts and circumstances of this
case, the Court is inclined to allow the appeal. Accordingly, the
appeal is allowed and the impugned order dated 07.11.2025 is
hereby set aside.
7. The appellants are directed to be enlarged on bail
in connection with Mahila P.S. Case No. 37 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) on
each of them with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge-SC/ST
(POA) Act, Begusarai.
(Ashok Kumar Pandey, J)
shubham/-
U T
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